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07/31/2018 - Formal Meeting - Minutes (2) MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 The City Council of Salt Lake City, Utah, met in Formal Session on Tuesday, July 31, 2018 in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: James Rogers Andrew Johnston Amy Fowler Erin Mendenhall Charlie Luke Derek Kitchen Chris Wharton David Litvack, Mayor' s Deputy Chief of Staff; Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City Attorney; and DeeDee Robinson, Deputy City Recorder were present. Councilmember Mendenhall presided at and Councilmember Johnston conducted the meeting. The meeting was called to order at 7 : 07 p .m. OPENING CEREMONY #1 . 7:07:01 PM The Pledge of Allegiance was led by Anton Goodig and Nash Goodig from Boy Scout Troop 34 . #2 . 7:08:37 PM Welcome and Review of Standards of Conduct #3. 7:10:17 PM Councilmember Kitchen moved and Councilmember Mendenhall seconded to approve the work session meeting minutes of Tuesday, June 12, 2018 and Tuesday, July 10, 2018; and the formal meeting minutes of Tuesday, June 12, 2018 and Tuesday, July 10, 2018 , which motion carried, all members voted aye . View Minutes (M 18-4) (M 18-3) PUBLIC HEARINGS #1 . 7:10:45 PM Accept public comment and consider adopting an ordinance that would rezone a portion of one parcel located at 744 West Jackson Avenue from SR-1 (Special Development Pattern Residential District) to TSA-UN-T (Transit Station Area District Urban Neighborhood Transition) pursuant to Petition No. PLNPCM2017-00709 . The parcel is currently split-zoned and the proposal would make the full parcel TSA- UN-T Transit Station Area District (Urban Neighborhood Transition) for future development purposes. (Petitioner: Rod and Jeri Olsen) View Attachments There were no public comments . 18 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 Councilmember Mendenhall moved and Councilmember Kitchen seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 18-16) #2 . 7:11:28 PM Accept public comment and consider adopting an ordinance amending Section 21A. 30 . 045, Salt Lake City Code, pertaining to building height in the D-4 Downtown Secondary Central Business District S pursuant to Petition No. PLNPCM2017-00420 . Under the proposal, zoning for the Royal Wood Plaza site, located at approximately 230 South 200 West (Block 67) would be amended to allow greater building height than what is currently allowed. The applicant requested the property be rezoned from Downtown Secondary Central Business District (D-4) to Central Business District (D-1) in order to build one or more towers that would exceed 120 feet. Although the applicant has requested that the property be rezoned to the Central Business District (D-1) , consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: The Ritchie Group) View Attachments George Chapman urged the Council to remove the height limit on Block 67 in return for the Richie Group to forego the $15 million for the proposed parking garage . He said the $15 million should go towards an overpass project on 900 South which would increase public safety. He said the 900 South corridor was almost impossible to traverse, especially for wheelchairs . Jani Iwamoto, Rolen Yoshinaga, Shu Cheng, Raymond Uno, Mike Kwan, Rachael Elliot, (hearing cards only) Brent Koga, Stacy Nguyen, and Susan Yoshimura spoke/submitted written comments in opposition of the proposed rezone . Comments included: the rezone proposal would detrimentally impact the Japanese Community, the Japanese Church of Christ, the Salt Lake Buddhist Temple, and refugee immigrant communities, preservation was important, the area had cultural significance, not in the best interest of the historic Japanese community, culturally sensitive area, rezone inappropriate without adequate planning, negative impact on long- standing community, and economics should never trump historic values . Dave Iltis spoke regarding a $15 million subsidy for a parking garage when more parking was not needed. He mentioned an un-released 2016 parking study. He said parking induced driving, and more cars were not needed downtown. He said he was in favor of a bridge over the 9-Line trail . Craig Carter said he was on the Mayor' s Task Force for "People With Disabilities" for 45 years, and that it was important to think about people in a wheelchair crossing the tracks . He said the proposal for a 18 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31, 2018 bridge across 900 South made sense for access to those with disabilities . Lisa Hazel said she did not support a proposed parking garage to be built on Block 67, noting it would encourage more cars . She suggested the block be given to the Japanese and Polynesian Communities for their needs . She said subsidies should be given for those who bike, walk, or use transit . She suggested a pocket-park for Block 67, and supported a bridge over the 9-Line trail . Bernie Hart spoke about a proposed parking garage on Block 67 and compared it with the Smith' s parking garage improvement. He inquired why the City would choose to fund one development and not the other. He said it did not make sense to encourage more cars when the City wanted to lower the impact of emissions/carbon footprint. Jayson Newitt (Richie Group) thanked the Council for their consideration and the Japanese Community for their input . He said he did not want the Japanese Community to suffer/fail, but rather be successful and part of the thriving community. He said there would be a meeting with the Redevelopment Agency to discuss solutions and common interests in the proposed project with consideration to the community' s culture and history. Laurie Noda said she was on a previous Planning Commission when a request was submitted to allow a parking garage next to the Japanese Church of Christ . She said there was concern then about impact to the surrounding buildings . She said the Council should consider current possible impacts and urged the Council to not approve a change in the zoning. Nick Jacobs said the needs of the Japanese Community required attention in regards to the proposed development of Block 67 . He said he was in favor of development on the block and increasing density; however, more attention should be given to potential traffic concerns . Councilmember Luke moved and Councilmember Kitchen seconded to continue the public hearing to a future meeting, which motion carried, all members voted aye . (P 18-17) Councilmember Kitchen said it was important to keep the public hearing open to help ensure all parties involved would come to a viable compromise . #3. 7:37:35 PM Accept public comment about placing a General Obligation bond (GO Bond) for Streets on the 2018 ballot. As part of the "Funding Our Future" initiative, the City is considering issuing a GO 18 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31, 2018 bond of up to $87 million dollars to pay for street reconstruction. (This would be in addition to the recently-adopted sales tax increase, a portion of which will pay for increased street maintenance. ) Through upcoming engagement, public hearings and briefings, the Council will consider whether to add the Streets Bond to the November Ballot. View Attachments George Chapman said the highest priority should be health-care expansion and placing the bond on the ballot (equating to a $46 tax increase) would dissuade votes for health-care expansion. He said there was funding for transit and streets and the bond was not necessary. He said the Council should provide a list of where funds would go before placing the bond on the ballot. Dave Iltis said the proposed bond should be a transportation bond and not for fixing pot holes, and the City' s transportation system needed to be modernized. He said the Council needed to dedicate funds and work with the Mayor to implement the Transit Master Plan. He suggested adding $5 million to the bond to accelerate completion of the Bicycle/Pedestrian Master Plan and add $3 million for the Trails Master Plan. Bernie Hart expressed concerns on impacts of bringing more traffic into the City. He said he was recently invaded by new scooters when riding his bike . He said people were having fun, it was a new tool, it attracted people, and it had people doing things in a different way. He said the City should consider the same thinking and style of change for the City' s transportation problems . He said the proposed $15 million should be placed towards free rider-ship and to provide riders with a scooter when they got off public transit. He said by doing so, there would no longer be a transportation problem. Lisa Hazel spoke in favor of the bond; however, she said the Council and Mayor should work with the community to prepare a vision. She said without a vision, it would keep innovation from being obtained. She said the current vision of the bond needed to be improved and current problems evaluated in a new way. Councilmember Kitchen moved and Councilmember Fowler seconded to close the public hearing and defer action to August 14, 2018, which motion carried, all members voted aye . (B 18-6) POTENTIAL ACTION ITEMS 7 :47 :04 PM #1 . Consider adopting an ordinance that would rezone the northern- most 100 feet of the property located at 475 south 300 East from Public Land (PL-2) to TSA-UC-C (Transit Station Area-Urban Center-Core) 18 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31, 2018 pursuant to Petition No. PLNPCM2017-00773 . The rezone would enable the City to: 1 . Make the zoning of this 100-foot section consistent with the zoning of the property to the north so it could be sold with the land north of the People's Way to a private developer. (The associated private development is currently proposed to be nine stories in height and includes ground floor commercial spaces with 288 residential units above. ) 2. Activate the mid-block street "People's Way" through the use of food trucks and outdoor dining, both of which are currently prohibited by the PL-2 zoning district. Although the applicant has requested that the property be rezoned to the TSA-UC-C zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: Mayor Jackie Biskupski) View Attachments Councilmember Kitchen moved and Councilmember Fowler seconded to adopt Ordinance 36 of 2018, amending the zoning for a portion of the northern end of the property at approximately 475 South 300 East from PL-2 to TSA Urban Center-Core, which motion carried, all members voted aye . (P 18-14) COMMENTS TO THE CITY COUNCIL 7 :48:18 PM Polly Hart spoke regarding off-leash dog-parks and the lack of sponsors . She said since 2001, she was the unofficial sponsor of the Memory Grove Dog Park and had been providing dog-bags and cleaning the off-leash area. She said she petitioned for an off-leash dog-park in the upper Avenues four years ago and had not seen one open as of yet. Bernie Hart said he wanted to organize a scooter tour of 400 South, 400 East, 500 East, and 600 East, and wanted Councilmember Kitchen to lead it . He said homelessness on the streets was increasing every day and the programs proposed for Rio Grande had shifted the problems elsewhere . He wanted to discuss suggestions on solutions beyond more policing and enforcement. He said he was not seeing action on the Mayor or Council behalf, he wanted the dialogue to change, see someone paying attention, and the collection of realistic data about the effectiveness of the programs . George Chapman expressed concern regarding the doubling of impact fees, housing starts being cut in half, and the need for this to be addressed with the Administration. He said the City needed 7, 000 to 8, 000 housing starts a year to arrive at where it should be (there were only 1, 000 so far) . He said the highest priority should be re-visiting impact fees (because they were not working) . He said scooters were now allowed 18 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31, 2018 on sidewalks but bikes were not, which did not make sense. He urged the Council to ask the Legislature to increase the penalties for negligent injury while riding on sidewalks with bicycles, scooters, or skateboards . Craig Carter expressed concerns about persons with disabilities and the need for access through the City. He mentioned the 100 South, 200 South, and 900 South areas and wanted access provided for the disabled community. Dave Iltis spoke about a 2016 parking study that was presented to the Council and Redevelopment Agency that had not been released to the public. He said parking was directly related to driving, less walking, less transit, and public bikes used downtown. He said parking needed to be modernized for Salt Lake City, and the parking study needed to be released and utilized. Jeff Bair spoke about scooters and the need for more information on public usage. He spoke regarding "slot-homes" and their detriment to City neighborhoods . Lisa Hazel spoke about the release of a parking study and said it would help the public. She suggested more bike lanes be provided to keep scooters off sidewalks . She said she wanted the speed limit lowered in numerous places downtown, specifically State Street (it was terrifying to ride on) . She said if the Transit/Bike Master Plan was completed, it would alleviate the issue with scooters . Scot Jefferies said modernization was needed and the City should completely do away with roads . He said a four-stage agreement with communities was needed in place of roads; grow food to donate, more public spaces, provide parking, or set road-ways for pedestrians . He said roads were wasted and expensive, and placing electricity underground would free up space to build houses . NEW BUSINESS 8:07:07 PM #1 . Consider adopting a resolution ratifying a list of individuals to serve as Temporary Justice Court Judges for the Salt Lake City Justice Court as documented in Utah Code Section 78A-7-208 . These individuals are currently serving as Justice Court Judges in other jurisdictions, and are willing to act as substitute judges when Salt Lake City Justice Court Judges need to be absent from their duties. View Attachments Councilmember Fowler moved and Councilmember Luke seconded to suspend the rules and adopt Resolution 31 of 2018 , ratifying a list of temporary justice court judges for the Court to use when Salt Lake Justice Court judges must recuse themselves , or are otherwise absent 18 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 from their duties (vacation or other out-of-the-office-time) , which motion carried, all members voted aye . (R 18-20) UNFINISHED BUSINESS 8:07 :57 PM #1 . Consider adopting a resolution of intent to adjust Salt Lake City' s common boundary with the City of South Salt Lake, pursuant to Petition No . PLNPCM2017-00695 . The proposal would adjust the municipal boundary between Salt Lake City and South Salt Lake. A parcel at 2508 South 500 East is owned by South Salt Lake, but is within Salt Lake City's boundaries. The proposed boundary adjustment removes the parcel from Salt Lake City and it would become part of South Salt Lake. The proposal is to develop the parcel into park space for the adjacent Columbus Community Center and be available to residents of and visitors to both cities. No other property in the vicinity would be impacted by the adjustment. View Attachments Councilmember Fowler moved and Councilmember Kitchen seconded to adopt Resolution 32 of 2018 , intent to adjust Salt Lake City' s common boundary with the City of South Salt Lake, which motion carried, all members voted aye . (R 18-19) #2 . 8:08:40 PM Consider adopting an ordinance amending Section 12 . 56 . 205 , Salt Lake City Code, relating to the Green Vehicle Parking Program. The proposed revisions would regulate "Green Vehicles" that can park free at Salt Lake City parking meters. The proposed revisions would limit the number of vehicles eligible for free parking to those vehicles that annually meet emission and mileage standards listed by the federal Environmental Protection Agency as "Smart Way Elite Vehicles. " The number of qualifying vehicles would be cut significantly under the proposed revisions, but the free- parking incentive might spur people to buy the least polluting, most fuel efficient vehicles. View Attachments Councilmember Mendenhall moved and Councilmember Kitchen seconded to adopt Ordinance 37 of 2018, amending Section 12 . 56 .205, Salt Lake City Code, which regulates the City' s Green Vehicle parking program, which motion carried, all members voted aye . (0 18-13) #3 . 8:09:15 PM Consider adopting a resolution approving additional members to the Central Wasatch Commission (CWC) . View Attachments Councilmember Kitchen moved and Councilmember Wharton seconded to adopt Resolution 33 of 2018, approving additional members to the Central Wasatch Commission, which motion carried, all members voted aye . 18 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 (R 17-10) Councilmember Mendenhall said the Council was the last body to approve additional members to the Central Wasatch Commission. She commended the commitment to the pre-existing Mountain Accord by Mayors Jeff Silvestrini (City of Millcreek) , Andy Beerman (Park City) , and Harris Sondak (Town of Alta) View Letter, and thanked the mayors for responding to the Council' s request to address the Mountain Accord. CONSENT 8:13:21 PM Councilmember Wharton moved and Councilmember Kitchen seconded to approve the Consent Agenda, with the exception of Item 3 (off-leash dog amendments) , which motion carried, all members voted aye . #1. Setting the date of Tuesday, August 14, 2018 at 7 : 00 p.m. to accept public comment and consider adopting one or more ordinances adopting the final rate of tax levy, for all City funds including the Library Fund, in an amount greater than the Certified Tax Rate, upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2018-19 and adopting the final budget, including the Library Budget, for Fiscal Year 2018-19 . (B 18-1) (B 18-2) #2 . Setting the date of Tuesday, August 14, 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the identification requirements for business license applicants (amending Sections 5 . 02 . 060 , 5 . 12 . 030, 5 . 14 . 030, 5 . 16 . 050, 5 . 40 . 050 , 5 . 54 . 030 , 5 . 61 . 110 , 5 . 64 . 530 , 5 . 64 . 600, 5 . 65 . 041, 5 . 70 . 030, 5 . 74 . 030, 5 . 84 . 130, 5 . 86. 055, and 5 . 86. 470, Salt Lake City Code) . The proposal will impose additional requirements regarding the identification of business license applicants. The proposed ordinance will require the presentation of photo identification as part of the business license application process and will also require business license applicants to provide evidence that they possess professional certifications necessary to operate specific categories of businesses. View Attachments (0 18-11) #3 . Setting the date of Tuesday, August 14 , 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance relating to off-leash dog areas in parks and public space (amending Sections 8 . 04 . 390 and 15 . 08 . 070 of the Salt Lake City Code, and repealing Resolution No. 52 of 2004) . The proposed changes would simplify and expedite the process for designating dog-off leash areas (often referred to as Resolution 52) , by delegating it to the Administration. It also would allow the Public Services Department director to close parks and open space areas to dogs for reasons of public safety or the protection of sensitive 18 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31, 2018 environmental resources. Currently, the Council has final approval of new dog off-leash parks. View Attachments (R 18-19) Pulled from agenda. #4 . Setting the date of Tuesday, August 21, 2018 at 7 :00 p.m. to accept public comment and consider adopting an ordinance amending the zoning map pertaining to a parcel located at approximately 65 South 900 East Street to rezone a portion of the parcel from R-2 Single Family and Two Family Residential District to RMF-30 Low Density Multi-Family Residential District pursuant to Petition No . PLNPCM2017-00361 . The intent is to match the landlocked parcel with the adjacent zoning at 63 South 900 East. Although the applicant has requested that the property be rezoned to RMF-30 Low Density Multi-Family Residential District, consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: Jon C. Jones) View Attachments (P 18-18) #5. Setting the date of Tuesday, August 21 , 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Section 21A. 37 . 020, Salt Lake City Code, relating to design standards pursuant to Petition No. PLNPCM2017-00921 . Design standards are intended to use principles of planning and architecture to shape and promote a walkable environment, foster place making, protect property values, help maintain the established character of the City and implement the City's master plans. The proposed amendment would add language clarifying that design standards apply to new construction and additions as well as to existing structures when physical modifications to design elements are proposed. Other sections of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner: Mayor Jackie Biskupski) . View Attachments (P 18-19) #6. Setting the date of Tuesday, August 21, 2018 to accept public comment and consider adopting an ordinance amending Section 21A.33. 070, Salt Lake City Code, pertaining to retail service establishments, pursuant to Petition No. PLNPCM2017-00752 . The proposed ordinance would amend the land use table to allow Retail Services in the Mixed Use (MU) zone as a permitted use. The MU zone currently allows "Retail Sales", which is a similar land use type. During the previous amendment to the land use tables, retail services was inadvertently removed from the section of the ordinance that allows that use in the MU zone. Related provision of Title 21A, Zoning, may be amended as part of this petition. View Attachments (P 18-20) 18 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 #7 . Setting the date of Tuesday, August 21 , 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 21A. 06, Chapter 21A. 16, and Section 21A. 35 . 020 , Salt Lake City Code, pertaining to the appeals process for decisions made by the Historic Landmark Commission pursuant to Petition No . PLNPCM2017-00154 . The amendments are intended to align City ordinance with State Code and would allow applicants to appeal a decision of the Historic Landmark Commission to the Mayor, among other changes. Other sections of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner: Mayor Jackie Biskupski) View Attachments (P 18-21) #8 . Setting the date of Tuesday, August 14 , 2018 at 7 : 00 p.m. to accept public comment about an ordinance amending Chapter 14 . 32 and enacting Chapter 14 . 56, Salt Lake City Code, to regulate the placement of wireless telecommunication facilities in the public right-of-way. Small cell wireless facilities could pave the way for 5G technology in Salt Lake City and improved service for 4G. As part of changes to State law, the City will soon be required to allow small cell installations within its right-of-way. The City is preparing design guidelines and a new ordinance to address forthcoming small cell infrastructure installations throughout the City. View Attachments (0 18-12) #9. Setting the date of Tuesday, October 2 , 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance adjusting Salt Lake City' s common boundary with the City of South Salt Lake. The proposal would adjust the municipal boundary between Salt Lake City and South Salt Lake. A parcel at 2508 South 500 East is owned by South Salt Lake, but is within Salt Lake City's boundaries. The proposed boundary adjustment removes the parcel from Salt Lake City and it would become part of South Salt Lake. The proposal is to develop the parcel into park space for the adjacent Columbus Community Center and be available to residents of and visitors to both cities. No other property in the vicinity would be impacted by the adjustment. View Attachments (R 18-19) #10 . Consider approving the reappointment of Dr. Dagmar Vitek to the Mosquito Abatement District Board for a term ending December 31, 2021 . View Attachments (I 18-1) The meeting adjourned at 8 : 14 p .m. Council Chair 18 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 31 , 2018 City Recorder This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203 (2) (b) . This document along with the digital recording constitute the official minutes of the Salt Lake City Council meeting held July 31, 2018 . dr 18 - 11